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shall be protected from slides or damage occumng during the mining operation and <br />reclamation." <br />Section 34-32.5-109(1) of the Act requires an operator to obtain a reclamation permit prior <br />to engaging in a new mining operation. <br />Section 34-32.5-123 of the Act provides that any person who operates a mine without first <br />obtaining a permit shall be subject to a civil penalty of not less than $1,000.00 per day nor <br />more than $5,000.00 per day for each day the land has been affected. In addition, Section <br />34-32.5-123 of the Act authorizes the Board to assess civil penalties in an amount necessary <br />to cover costs incurred by the Division in investigating an alleged violation. <br />6. Section 34-32.5-124(2) of the Act provides that if the Board determines that any provision <br />of the Act or of any permit has been violated, it may issue a cease and desist order and set <br />forth corrective actions to be undertaken by the operator. <br />Because of uncertainties concerning the precise location of the existing permitted area and <br />the boundaries of the permit area in relation to the power structures, it is appropriate for the <br />Board to find no violation in this matter. <br />